Directorate of Legal Advice and Public International Law

Overview

The general purpose of the Directorate of Legal Advice and Public International Law (DLAPIL) is to protect the legal interests of the Council of Europe. Therefore, the objective of the DLAPIL is to promote respect of legal standards, in particular internal ones, by the different bodies of the Council of Europe and its Secretary General as well as to ensure that legal provisions including the privileges and immunities of the Council of Europe and its agents are complied with.

In this respect, the DLAPIL is responsible for advising the Secretary General and the major administrative entities on all legal matters, especially on such theoretical and practical problems of international and national law as may arise. Its role is also to assist the Secretary General in the exercise of his or her functions as depositary of Council of Europe's treaties, through the Treaty Office. In addition, the DLAPIL represents the Secretary General in internal litigation procedures, in particular before the Administrative Tribunal of the Council of Europe, and in any disputes with third parties. Furthermore, the DLAPIL coordinates the work of the Committee of Legal Advisers on Public International Law (CAHDI), provides its Secretariat and assists in performing its role as European Observer of Reservations to International Treaties. The DLAPIL also provides the Secretariat of the Advisory Panel of experts for the election of judges to the European Court of Human Rights.

Legal Advice

The primary objective of the Legal Advice Division is to maintain high standards of quality and diligence in the treatment of legal opinions requested by statutory bodies, operational services and support services, in compliance with Rule No. 1326 of 25 January 2011 defining the tasks and responsibilities of the Legal Advice Department and Treaty Office within the Directorate of Legal Advice and Public International Law.

The Legal Advice Division provides legal assistance notably to the Committee of Ministers, the Parliamentary Assembly and its Committees, the Secretary General, the European Court of Human Rights, the Commissioner for human rights, the Congress of Local and Regional Authorities, the Partial and Enlarged Agreements, the Council of Europe Development Bank, and in general to all other organs and to the Secretariat of the Organisation.

Treaty Office

Since 1949, 216 conventions have been drawn up in the framework of the Council of Europe. The depositary functions are assigned to the Secretary General, who exercises them through the Treaty Office.

It is therefore the role of the Treaty Office to keep the originals of the treaties, to provide certified true copies of the conventions, to receive the communications and official acts of State parties and to notify the contracting States of the changes relating to Council of Europe's treaties. The Treaty Office also controls compliance with the formal conditions which must be satisfied by the States in their legal acts relating to the treaties. Moreover, the Treaty Office is frequently consulted on questions relating to treaty law and, in this respect, formulates legal opinions on the request of other entities of the Council of Europe.

Litigation

The Litigation Unit represents the Secretary General in any type of internal litigation or pre-litigation procedures.

Thus, on all staff question, the Legal Advice Department replies in the name of the Secretary General to administrative complaints which are introduced in virtue of article 59 paragraph 2 of the Statute of Personnel. In case of reject of his or her complaint, the complainant may introduce a procedure before the Administrative Tribunal of the Council of Europe, where DLAPIL represents the Secretary General.

For other contractual questions or questions regarding the protection of the interests of the Organisation, the Legal Advice Department acts in support of the services concerned in conciliation proceedings. It represents the Secretary General in litigation proceedings, whether regarding criminal proceedings against third parties, or civil or commercial procedures through arbitration in accordance with article 21 of the General Agreement on Privileges and Immunities of the Organisation.

Public International Law

In a political climate which encourages interdependence between states, international law is constantly developing, and is increasingly becoming a key factor in the organisation of inter-state relations.

The Council of Europe is accordingly working to co-ordinate its member states' activities in this field, in particular within the Committee of Legal Advisers on Public International Law (CAHDI). The CAHDI is an intergovernmental committee which brings together the legal advisers of the Ministries of foreign affairs of the member States of the Council of Europe as well as of a significant number of observer States and Organisations. The main task of the Public International Law Division is to serve as Secretariat for the CAHDI.

Secretariat of the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights

DLAPIL provides secretariat services for the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights.

The Advisory Panel was established in 2010, following up on the Interlaken Declaration which had called on the States Parties to ensure “the full satisfaction of the Convention’s criteria for office as a judge of the Court, including knowledge of public international law and the national legal systems as well as proficiency in at least one official language”. On 10 November 2010, the Committee of Ministers adopted Resolution CM/Res(2010)26 on the establishment of an Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights. Referring to “the responsibility of the High Contracting Parties to the Convention to ensure a fair and transparent national selection procedure”, the Committee of Ministers stated its conviction that “the establishment of a Panel of Experts mandated to advise on the suitability of candidates that the member States intend to put forward for office as judges of the Court would constitute an adequate mechanism in this regard.”